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Islamization of Laws in Pakistan During the Rule of General Zia Ul

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Islamization of Laws in Pakistan During the Rule of General Zia Ul Islamization of Laws in Islamization of Laws in Pakistan during the Rule of General Zia Ul Haq Dr Nasir Ud Din i Abstract A ceaseless effort was unleashed for Islamization process of the legal system in Pakistan during the regime of Zia ul Haq (1977-88). The legal system developed during this era remained under debate since it left significant impact on Pakistani political, judicial and administrative spheres. Although, the Islamic laws were ordained by Almighty Allah for the benefit the people of Islamic state but did the Zia’s government incorporate them with the same spirit or intentions were otherwise. This paper will critically examine the different aspects of Islamization process and its after-effects on the society. The methodology used in this paper is based upon both primary and secondary sources including books, articles, journals and newspapers. Keywords : Legislation , Zia regime, Pakistan, Islamization, legal system, and politics. Introduction Islamization of laws remained an enigma throughout the legislative history of Pakistan. At the time of its creation, the country inherited the legacy of colonial laws developed through a blend of English legal system and local administrative requirements. Since, Islam remained a dominant factor during the Pakistan Movement; Islamization of legal system was a logical demand after its independence. The Objective Resolution of 1949 brought a pitched battle among various factions of intellectuals for paving the way to their desired legal systems. Although, Pakistan was intended to be a Muslim state, but the mechanism to implement such vision was intentionally weak, vague or ill defined 1. Ulema urged that Sharia should be the only practical form of legal system whereas secular and modernists interpreted merely the broader principles of Islam such as justice equality, equity and consultation as the guiding principles for legal system. Principles of policy provided an Islamic face to the first constitution of Pakistan in 1956 but these broader principles were not enforceable in the courts of law despite the country bearing official title of Islamic Republic. This constitution was abrogated and replaced by the i Lecturer Islamic Studies, Abbottabad University of Science and Technology Havailian 23 Islamization of Laws in Constitution of 1962 but Islamization was still used only as political cosmetic. President General Ayub Khan added a few Islamic enactments but expressed a rejection of the Islamic laws He repeatedly expressed that: “The only way of having an Islamic constitution was to hand over the country to the Ulema and beseech them 'lead kindly light 2." The process of Islamization had already been started by Zulfiqar Ali Bhutto under the pressure of Islamic parties, despite having his personal inclination toward secularism. Indeed, his populist slogan “Islam, Democracy and Socialism” gave him a landslide victory in the first general election held in 1970, which also reflected the electric spirit of Pakistan’s South Asian Muslim identity. 3 He committed a grave mistake for his lack of preference towards Islamic ideology as a progressive force to meet the demands of modern times. 4 Dissatisfied by the pace of Islamization process under the government of Zulfiqar Ali Bhutto, Pakistan National Alliance (PNA) consisting of Islamic parties, supported by the political opponents of Zulfiqar Ali Bhutto, launched a campaign for implementation of Islamic laws under the banner of Tehrik-e-Nizam-e-Mustafa. General Zia ul Haq, after assuming power, was under immense pressure to align his policies with the popular public sentiments of that period. Subsequent developments in the regional scenario, particularly, the commencement of Afghan War added further strength to the need translation of Islam in country's legal system. In his first televised speech to the country as head of state General Zia ul Haq declared that: Pakistan which was created in the name of Islam, will continue to survive only if it sticks to Islam. That is why I consider the introduction of [an] Islamic system as an essential prerequisite for the country. 5 Islamization had its multilateral utility for the Zia's regime; it was meant to utilize the pro-Islamic public sentiments against Soviet Union, declared as infidels and it helped him prolong his rule. Therefore, Islamization of laws was the primary policy of the Zia’s regime. 6 Apart from the alterations to the structure of the judicial system, the enactment of the blasphemy laws and the controversial hudood laws governing areas of personal morality also formed a very important place in this programme. Significant changes were made to the laws 24 Islamization of Laws in which were questioned by moderate elements in society; right wing, political and legal commentrators. 7 Legislative Development towards Islamization Immediately, after assuming the power, General Zia ul Haq announced the promulgation of Islamic laws relating to adultery, rape and consumption of alcohol on December 1, 1978. To pacify the Ulema , he promulgated Islamic laws in installments; these efforts culminated into the process of coating the existing laws in Islamic brand with the commencement of hudood laws being passed by handpicked Majlas Shoora . As parliament was not in session so these laws could not become Acts; they remained as ordinances and orders. Followed by this, the Shariat benches were established all over the country on February 9, 1979; and for this purpose, the constitution was amended to legitimize these courts and: High Courts were also empowered to declare any such law or act of the Governments as null and void, which was in contravention with the Islamic laws on petition/request/application from any citizen, any provincial government or federal government of Pakistan .8 Only two days later, on February 11, 1979, another measure towards Islamization was announced through introduction of Islamic penal laws; by the end of the same year another amendment in the law was introduced in the form of Qisas and Diyat Ordinance. On December 12, 1979, the Council of Islamic Ideology prepared a draft for this law; however, it could get its final shape in 1983. The role of Islamic Council of Ideology also remained obscure. This council was established during the regime of Zulfiqar Ali Bhutto but it was reconstituted by General Zia ul Haq with enhanced number of membership. 9 To provide ideological oversight and justification for the acts of government, the Islamic Ideological Council was activated six weeks after General Zia’s coup and was entrusted with preparing an outline of an Islamic state. It also had a panel on Islamic law. 10 The functions of the council were redefined to evaluate the laws and to forward the recommendations to make the laws consistent with Quran and Sunnah . The recommendations made thereby included fixation of prayer timings, promulgation of hudood laws, establishment of Nazim- e-Zakat, riba free banking, application of Nazimeen-e-Salat , elimination of bribery, to make Islamic Studies and Pakistan Studies compulsory subjects up to B.A/B.Sc. level, introduction 25 Islamization of Laws in of the laws of Qisas, Diyat , Evidence, and Islamic law of Preemption 11 . In the middle of next year, the government enacted Zakat and Usher Ordinance and collection of Zakat was started in June 1980. This act met with resistance from various factions of Ulema , particularly Shias . The Zakat Ordinance called for the compulsory deduction of 2.5% charity tax from all banks’ saving accounts. This measure met with widespread protests, particularly from Pakistani Shia community, led by the Tehrik- e-Nifaz-e-Fiqh-e-Jafria who objected to being forced to abide by rules ordained by the Sunni Hanafi law rather than a Jafari fiqh . In response to protests in 1980, Zia revised the provisions for the payment of Zakat for Shias . The ordinance was subsequently amended to exempt anyone who believes that compulsory deduction of Zakat is not in accordance with their belief. 12 Islamic Ideological Council suggested the government to eliminate usury from the state-run financial institutions. To meet with this challenge, a three-phase plan was submitted to the government on September 22, 1980, whereby, steps were taken to introduce interest-free banking in Pakistan. As a replacement, a system of profit/ loss sharing was introduced in all the nationalized banks of the country. In order to further strengthen his rule, General Zia Ul Haq introduced Provisional Constitutional Order on March 24, 1981. Parliament was suspended and substituted with a body of handpicked people called Majlis-e-Shoora . The establishment of Majlis-e-Shoora , practically, conveyed the message to the people that the process of Islamization had been started. This body, however, had no substantial bearing and the final authority to decide the matters belonged to the President. 13 The newly introduced Constitutional Order provided for the attendance of three scholars during the proceeding of Federal Shariat Court. Ehtram-e-Ramzan Ordinance was introduced in 1981 to provide for measures to observe the sanctity of the month of Ramzan 14 . This ordinance provided the opportunity to the law enforcement personnel to fleece money from those who were caught eating at public places. On March 19, 1982, punishment of life-imprisonment for desecration of Holy Quran was promulgated through a Presidential Order. During the same year Usher Ordinance was 26 Islamization of Laws in also enforced. The following year was marked with the enactment of Qisas and Diyat Ordinance with the approval of Majlise Shoora . On August 14, 1983, the national day of Pakistan, Zia ul Haq announced Nizam-i-Salat , a state-backed system to ensure the performance of congregational prayers by all the Muslims. In 1984, the law of evidence was replaced by Islamic Qanoon-i- Shahadat . The amendments in the law of evidence (Qanoon-e-Shahadat ) severely affect the rights of women. 15 In 1986, a new law was introduced to award capital punishment for derogation of Holy Prophet (PBUH).
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